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This is a Bill, not an Act. For current law, see the Acts databases.


SOCIAL SECURITY LEGISLATION AMENDMENT (EMPLOYMENT SERVICES REFORM) BILL 2008

2008
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Security Legislation Amendment
(Employment Services Reform) Bill 2008
No. , 2008
(Education, Employment and Workplace Relations)
A Bill for an Act to amend the law relating to social
security, and for related purposes
i Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. ,
2008
Contents
1
Short title ............................................................................................ 1
2
Commencement .................................................................................. 1
3
Schedule(s) ......................................................................................... 2
Schedule 1--Compliance with obligations in relation to
participation payments
3
Part 1--Compliance with obligations in relation to
participation payments
3
Social Security (Administration) Act 1999
3
Part 2--Consequential amendments
18
Social Security Act 1991
18
Social Security (Administration) Act 1999
23
Part 3--Application provision
28
Schedule 2--Amendme nts relating to employment pathway
plans
29
Social Security Act 1991
29
Social Security (Administration) Act 1999
56
Schedule 3--Personal Support Programme and exemptions
relating to youth allowance and ne wstart
allowance
58
Social Security Act 1991
58
Schedule 4--Other ame ndments
61
Social Security Act 1991
61
Social Security (Administration) Act 1999
63
Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. ,
2008 1
A Bill for an Act to amend the law relating to social
1
security, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Social Security Legislation
5
Amendment (Employment Services Reform) Act 2008.
6
2 Commence ment
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2 Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No.
, 2008
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day on which this Act receives the
Royal Assent.
2. Schedules 1 to
3
1 Ju ly 2009.
1 Ju ly 2009
3. Schedule 4,
item 1
1 Ju ly 2009.
1 Ju ly 2009
4. Schedule 4,
items 2 to 5
Immediately after the commencement of the
provisions covered by table item 2.
1 Ju ly 2009
5. Schedule 4,
items 6 and 7
1 Ju ly 2009.
1 Ju ly 2009
6. Schedule 4,
items 8 and 9
Immediately after the commencement of the
provisions covered by table item 2.
1 Ju ly 2009
7. Schedule 4,
items 10 to 14
1 Ju ly 2009.
1 Ju ly 2009
Note:
This table relates only to the provisions of this Act as originally
1
passed by both Houses of the Parliament and assented to. It will not be
2
expanded to deal with provisions inserted in this Act after assent.
3
(2) Column 3 of the table contains additional information that is not
4
part of this Act. Information in this column may be added to or
5
edited in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
12
Co mpliance with obligations in relation to participation payments Schedule 1
Co mpliance with obligations in relation to participation payments Part 1
Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. ,
2008 3
1
Schedule 1
--
Compliance with obligations in
2
relation to participation payments
3
Part 1
--
Compliance with obligations in relation to
4
participation payments
5
Social Security (Administration) Act 1999
6
1 After Division 3 of Part 3
7
Insert:
8
Division 3A--Compliance with obligations in relation to
9
participation payments
10
Subdivision A--Object of this Division
11
42A Simplified outline
12
The following is a simplified outline of this Division:
13
The Secretary may determine that a person commits a no
14
show no pay failure, a connection failure, a reconnection
15
failure or a serious failure.
16
A person commits such a failure by failing to comply with his
17
or her obligations in relation to a participation payment. The
18
participation payments are newstart allowance, and for some
19
people, youth allowance, parenting payment and special
20
benefit.
21
For a no show no pay failure, a penalty amount is deducted
22
from the person's participation payment.
23
For a connection failure, a requirement may be imposed on the
24
person (and if the person fails to comply with the requirement,
25
the person commits a reconnection failure).
26
Schedule 1 Co mpliance with obligations in relation to participation payments
Part 1 Co mpliance with obligations in relation to participation payments
4 Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No.
, 2008
For a reconnection failure, generally a penalty amount is
1
deducted from the person's participation payment until the
2
person complies with a requirement imposed on the person.
3
For a serious failure, a participation payment is not payable to
4
the person for 8 weeks. The 8 week period may be ended in
5
certain circumstances.
6
The Secretary may also determine that a person is unemployed
7
as a result of a voluntary act or misconduct. If the Secretary
8
does so, a participation payment is not payable to the person
9
for 8 weeks.
10
42B Object of this Division
11
(1) The object of this Division is to encourage people to participate in
12
employment and engage with employment services. It is also the
13
object of this Division to secure compliance with a person's
14
obligations and requirements in relation to participation payments,
15
and to ensure that those who do not comply are re-engaged with
16
employment services as quickly as possible.
17
(2) However, this Division is not intended to punish a person who has
18
a reasonable excuse for failing to comply with such obligations.
19
Subdivision B--No show no pay failures
20
42C No show no pay failures
21
(1) The Secretary must determine that a person commits a no show no
22
pay failure on a day if:
23
(a) the person commits any of the following failures:
24
(i) the person fails to participate, on the day, in an activity
25
that the person is required to undertake by an
26
employment pathway plan that is in force in relation to
27
the person;
28
(ii) the person fails to comply, on the day, with a serious
29
failure requirement imposed on the person;
30
(iii) the person commits misconduct, on the day, while
31
participating in an activity referred to in
32
Co mpliance with obligations in relation to participation payments Schedule 1
Co mpliance with obligations in relation to participation payments Part 1
Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. ,
2008 5
subparagraph (i) or while purporting to comply with a
1
serious failure requirement imposed on the person;
2
(iv) the person intentionally acts in a manner on the day
3
(including by failing to attend a job interview), and it is
4
reasonably foreseeable that acting in that manner could
5
result in an offer of employment not being made to the
6
person; and
7
(b) the person receives an instalment of a participation payment
8
for the instalment period in which the day occurs.
9
Note:
A penalty amount is deducted from the person's participation payment
10
for a no show no pay failure (see section 42D).
11
(2) Without limiting subparagraph (1)(a)(i), a person fails to
12
participate in an activity if:
13
(a) the person fails to attend the activity at all; or
14
(b) the person is not punctual in attending the activity.
15
Limitations on determining no show no pay failures
16
(3) If:
17
(a) more than one subparagraph of paragraph (1)(a) applies to a
18
person on a day; or
19
(b) a subparagraph of paragraph (1)(a) applies more than once to
20
a person on a day;
21
then the Secretary may only determine that the person commits one
22
no show no pay failure on the day.
23
Note:
However, the Secretary may determine that a person commits no show
24
no pay failures on 2 or more days.
25
(4) Despite subsection (1), the Secretary must not determine that a
26
person commits a no show no pay failure on a day if:
27
(a) both of the following apply:
28
(i) subparagraph (1)(a)(i), (ii) or (iv) applies;
29
(ii) the person satisfies the Secretary that the person has a
30
reasonable excuse for the failure; or
31
(b) the person is a new apprentice.
32
Note:
The Secretary must take certain matters into account for the purposes
33
of paragraph (4)(a) (see section 42U).
34
Schedule 1 Co mpliance with obligations in relation to participation payments
Part 1 Co mpliance with obligations in relation to participation payments
6 Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No.
, 2008
Determining an instalment period
1
(5) The Secretary must include in a determination under this section
2
the instalment period in which a penalty amount (see section 42T)
3
for the no show no pay failure is to be deducted from the person's
4
instalment of a participation payment.
5
42D Deducting the penalty amount
6
If the Secretary determines that a person commits a no show no
7
pay failure, the person's penalty amount (see section 42T) for the
8
no show no pay failure is to be deducted from the person's
9
instalment of a participation payment for the instalment period
10
determined under subsection 42C(5).
11
Note:
The balance of the penalty amount is to be deducted from instalments
12
of the participation payment for any later instalment periods, or from
13
any instalments of any other participation payment paid to the person
14
(see section 42V).
15
Subdivision C--Connection and reconnection failures
16
42E Connection failures
17
(1) The Secretary must determine that a person commits a connection
18
failure if:
19
(a) the person commits any of the failures mentioned in
20
subsection (2); and
21
(b) the person receives an instalment of a participation payment
22
for the instalment period in which the person commits the
23
failure.
24
Note:
A reconnection requirement may be imposed for a connection failure
25
(see section 42G).
26
(2) For the purposes of subsection (1), the failures are the following:
27
(a) the person fails to comply with a requirement that was
28
notified to the person under subsection 63(2) or (4), and the
29
notice did not inform the person of the effect of section 64;
30
(b) the person fails to comply with a requirement, under
31
section 501, 544A, 605 or 731L of the 1991 Act, to enter into
32
an employment pathway plan;
33
Co mpliance with obligations in relation to participation payments Schedule 1
Co mpliance with obligations in relation to participation payments Part 1
Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. ,
2008 7
(c) the person fails to attend an appointment that the person is
1
required to attend by an employment pathway plan that is in
2
force in relation to the person;
3
(d) the person is issued with a notice under subsection 42F(1)
4
and fails to comply with it within the period specified in the
5
notice;
6
(e) the person fails to comply with subsection 42F(2);
7
(f) the person fails to comply with a requirement included in an
8
employment pathway plan that is in force in relation to the
9
person to undertake a certain number of job searches per
10
fortnight;
11
(g) the person fails to comply with a requirement included in an
12
employment pathway plan that is in force in relation to the
13
person:
14
(i) to keep a record of the person's job searches in a
15
document referred to in the plan as a job seeker diary;
16
and
17
(ii) to return the job seeker diary to the Department at the
18
end of the period specified in the plan.
19
(3) The Secretary may determine that a person commits 2 or more
20
connection failures on a day.
21
Limitations on determining connection failures
22
(4) Despite subsection (1), the Secretary must not determine that a
23
person commits a connection failure if:
24
(a) the person satisfies the Secretary that the person has a
25
reasonable excuse for the failure; or
26
(b) both of the following apply:
27
(i) the person's failure is a failure to comply with a
28
requirement under section 544A of the 1991 Act to
29
enter into an employment pathway plan;
30
(ii) a youth allowance is not payable to the person for the
31
instalment period in which the person commits the
32
failure because of section 547AA of that Act; or
33
(c) both of the following apply:
34
(i) the person's failure is a failure to comply with a
35
requirement under section 605 of the 1991 Act to enter
36
into an employment pathway plan;
37
Schedule 1 Co mpliance with obligations in relation to participation payments
Part 1 Co mpliance with obligations in relation to participation payments
8 Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No.
, 2008
(ii) a newstart allowance is not payable to the person for the
1
instalment period in which the person commits the
2
failure because of section 615 of that Act; or
3
(d) the person is a new apprentice; or
4
(e) in the case of a failure under paragraphs (2)(d) to (g)--the
5
person is receiving parenting payment.
6
Note:
The Secretary must take certain matters into account for the purposes
7
of paragraph (4)(a) (see section 42U).
8
42F Requiring a person to apply for job vacancies
9
(1) The Secretary may notify a person that the person must apply for a
10
particular number of advertised job vacancies in the period
11
specified in the notice if:
12
(a) the person is required to satisfy the activity test; and
13
(b) the person is receiving a participation payment other than a
14
parenting payment.
15
(2) The person must give the Secretary a written statement from each
16
employer whose job vacancy the person applied for during that
17
period that confirms that the person applied for that job vacancy.
18
(3) The statement from the employer must be in a form approved by
19
the Secretary.
20
(4) Subsection (2) does not apply to a person if the Secretary is
21
satisfied that there are special circumstances in which it is not
22
reasonable to expect the person to give the statement referred to in
23
that subsection.
24
42G Reconnection require ments
25
If the Secretary determines that a person commits a connection
26
failure, then the Secretary may require the person to comply with a
27
requirement (the reconnection requirement).
28
Note:
The Secretary must notify the person of the effect of not complying
29
with the reconnection requirement (see section 42K).
30
42H Reconnection failures
31
(1) The Secretary must determine that a person commits a
32
reconnection failure if:
33
Co mpliance with obligations in relation to participation payments Schedule 1
Co mpliance with obligations in relation to participation payments Part 1
Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. ,
2008 9
(a) the person is required to comply with:
1
(i) a reconnection requirement; or
2
(ii) a further reconnection requirement; and
3
(b) the person fails to comply with the requirement.
4
Note:
A further reconnection requirement may be imposed, and a penalty
5
amount is deducted from the person's participation payment, for a
6
reconnection failure (see sections 42J and 42L).
7
(2) The Secretary may determine that a person commits 2 or more
8
reconnection failures on a day.
9
Limitation on determining reconnection failures
10
(3) Despite subsection (1), the Secretary must not determine that a
11
person commits a reconnection failure if the person satisfies the
12
Secretary that the person has a reasonable excuse for the failure.
13
Note:
The Secretary must take certain matters into account for the purposes
14
of subsection (3) (see section 42U).
15
Reconnection failure period
16
(4) If the Secretary determines that a person commits a reconnection
17
failure, the person commits the failure during the period (the
18
reconnection failure period) that:
19
(a) begins on the day the person commits the failure; and
20
(b) ends on:
21
(i) the day before the person complies with any further
22
reconnection requirement imposed on the person in
23
relation to the reconnection failure; or
24
(ii) if the person fails to comply with a further reconnection
25
requirement imposed on the person in relation to the
26
reconnection failure, and the person satisfies the
27
Secretary that the person has a reasonable excuse for the
28
failure--the day before the person fails to comply with
29
the requirement.
30
Determining an instalment period
31
(5) The Secretary must include in a determination under this section
32
the instalment period in which a penalty amount (see section 42T)
33
for the reconnection failure is to be deducted from the person's
34
instalment of a participation payment.
35
Schedule 1 Co mpliance with obligations in relation to participation payments
Part 1 Co mpliance with obligations in relation to participation payments
10 Social Security Legislation Amendment (Employment Services Reform) Bill 2008
No. , 2008
42J Further reconnection requirements
1
(1) The Secretary may require a person to comply with a further
2
requirement (the further reconnection requirement) if the
3
Secretary determines that:
4
(a) the person commits a reconnection failure; or
5
(b) the person fails to comply with an earlier further
6
reconnection requirement imposed on the person.
7
Note:
The Secretary must notify the person of the effect of not complying
8
with the further reconnection requirement (see section 42K).
9
(2) The Secretary may impose a further reconnection requirement on a
10
person under paragraph (1)(b) even if the person satisfies the
11
Secretary that the person has a reasonable excuse for failing to
12
comply with the earlier further reconnection requirement.
13
42K Notification requirements
14
(1) The Secretary must notify the person that a failure to comply with
15
a reconnection requirement or a further reconnection requirement
16
imposed on the person might result in a penalty amount being
17
deducted from the person's participation payment.
18
(2) The notification does not have to be in writing, but must occur
19
before the day the person is required to comply with the
20
reconnection requirement or the further reconnection requirement.
21
42L Deduction of penalty amount
22
If the Secretary determines that a person commits a reconnection
23
failure, the person's penalty amount (see section 42T) for the
24
reconnection failure is to be deducted from the person's instalment
25
of a participation payment for the instalment period determined
26
under subsection 42H(5).
27
Note:
The balance of the penalty amount is to be deducted from instalments
28
of the participation payment for any later instalment periods, or from
29
any instalments of any other participation payment paid to the person
30
(see section 42V).
31
Co mpliance with obligations in relation to participation payments Schedule 1
Co mpliance with obligations in relation to participation payments Part 1
Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. ,
2008 11
Subdivision D--Serious failures
1
42M Serious failure for persistent non-compliance
2
(1) The Secretary may determine that a person commits a serious
3
failure if:
4
(a) the Secretary is satisfied that the person has, up to the day the
5
Secretary makes the determination, persistently failed to
6
comply with his or her obligations in relation to a
7
participation payment (including by committing no show no
8
pay failures, connection failures or reconnection failures);
9
and
10
(b) the person receives a participation payment for the instalment
11
period in which the Secretary makes the determination.
12
Note 1:
A participation payment is not payable for 8 weeks for a serious
13
failure (see section 42P).
14
Note 2:
For the day the Secretary makes the determination, see section 42Y.
15
(2) In determining whether a person commits a serious failure under
16
subsection (1):
17
(a) the Secretary must not take into account failures that were
18
outside the person's control; and
19
(b) the Secretary may only take into account any other failures
20
that occurred intentionally, recklessly or negligently.
21
Limitations on determining persistent non-compliance serious
22
failures
23
(3) The Secretary must not determine that a person commits a serious
24
failure under subsection (1):
25
(a) while the person is in a serious failure period for another
26
serious failure determined under subsection (1); or
27
(b) if the person is a new apprentice.
28
Legislative instrument
29
(4) The Minister must, by legislative instrument, determine matters
30
that the Secretary must take into account in deciding whether a
31
person persistently failed to comply with his or her obligations in
32
relation to a participation payment.
33
Schedule 1 Co mpliance with obligations in relation to participation payments
Part 1 Co mpliance with obligations in relation to participation payments
12 Social Security Legislation Amendment (Employment Services Reform) Bill 2008
No. , 2008
(5) In deciding whether a person persistently failed to comply with his
1
or her obligations in relation to a participation payment, the
2
Secretary must take the matters determined under subsection (4)
3
into account.
4
(6) To avoid doubt, subsection (5) does not limit the matters that the
5
Secretary may take into account in deciding whether the person
6
failed to comply with his or her obligations.
7
42N Serious failure for refusing or failing to accept an offer of
8
suitable employme nt
9
(1) The Secretary must determine that a person commits a serious
10
failure if:
11
(a) the person is receiving a participation payment; and
12
(b) the person refuses or fails to accept an offer of suitable
13
employment.
14
Note:
A participation payment is not payable for 8 weeks for a serious
15
failure (see section 42P).
16
(2) Despite subsection (1), the Secretary must not determine that a
17
person commits a serious failure under that subsection if the person
18
satisfies the Secretary that the person has a reasonable excuse for
19
the failure.
20
Note:
The Secretary must take certain matters into account for the purposes
21
of subsection (2) (see section 42U).
22
42P Consequences of serious failure
23
Participation payment not payable during serious failure period
24
(1) If the Secretary determines that a person commits a serious failure,
25
a participation payment is not payable to the person during the
26
person's serious failure period.
27
Note 1:
The Secretary may end a serious failure period under section 42Q or
28
determine that a participation payment is payable, despite this section,
29
under section 42R.
30
Note 2:
The Secretary may continue the participation payment pending the
31
outcome of an application for review (see sections 131 and 145 of the
32
Administration Act).
33
(2) The person's serious failure period is the period:
34
Co mpliance with obligations in relation to participation payments Schedule 1
Co mpliance with obligations in relation to participation payments Part 1
Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. ,
2008 13
(a) beginning on the first day of the first instalment period that
1
begins after the day the Secretary makes the determination;
2
and
3
(b) ending:
4
(i) if the Secretary ends the person's serious failure period
5
under section 42Q--on the day mentioned in that
6
section; or
7
(ii) otherwise--8 weeks after the period begins.
8
Note:
For the day the Secretary makes the determination, see section 42Y.
9
Serious failure requirements
10
(3) If the Secretary determines that a person commits a serious failure,
11
then the Secretary may require the person to comply with a
12
requirement (the serious failure requirement).
13
Note:
A person who complies with a serious failure requirement may have
14
his or her serious failure period end under section 42Q. A person who
15
fails to comply with a serious failure requirement may commit a no
16
show no pay failure under section 42C.
17
42Q Ending serious failure periods
18
(1) The Secretary may end a person's serious failure period if:
19
(a) the person begins to comply with a serious failure
20
requirement imposed on the person; or
21
(b) the Secretary determines that:
22
(i) the person does not have the capacity to undertake any
23
serious failure requirement; and
24
(ii) serving the serious failure period would cause the
25
person to be in severe financial hardship.
26
Note:
For in severe financial hardship see subsection 14A(7) of the 1991
27
Act.
28
(2) The person's serious failure period ends on:
29
(a) if paragraph (1)(a) applies--the day before the person begins
30
to comply with the requirement; or
31
(b) if paragraph (1)(b) applies--the day before the Secretary
32
makes the determination.
33
Note:
For the day the Secretary makes the determination, see section 42Y.
34
Schedule 1 Co mpliance with obligations in relation to participation payments
Part 1 Co mpliance with obligations in relation to participation payments
14 Social Security Legislation Amendment (Employment Services Reform) Bill 2008
No. , 2008
42R Determining that participation payme nts payable
1
(1) The Secretary may determine that, despite a person's serious
2
failure period, a participation payment is payable to the person
3
during the period mentioned in subsection (2) if the person informs
4
the Secretary that the person intends to comply with a serious
5
failure requirement imposed on the person.
6
(2) The participation payment is payable during the period that:
7
(a) begins on the day that the person informs the Secretary; and
8
(b) ends on:
9
(i) the day before the person begins to comply with the
10
serious failure requirement; or
11
(ii) if the person does not begin to comply with the serious
12
failure requirement on the day the person is required to
13
begin--the day before that day.
14
(3) If a period ends under subparagraph (2)(b)(ii), the period (the
15
payability period) mentioned in subsection (2) does not count
16
towards the 8 weeks of the person's serious failure period.
17
Subdivision E--Unemployment resulting from a voluntary act
18
or misconduct
19
42S Une mployme nt resulting from a voluntary act or misconduct
20
(1) A participation payment is not payable to a person for the period
21
mentioned in subsection (3) if the Secretary determines that:
22
(a) the person is unemployed as a result (whether direct or
23
indirect) of a voluntary act of the person; or
24
(b) the person is unemployed as a result of the person's
25
misconduct as an employee.
26
Note:
The Secretary may continue the participation payment pending the
27
outcome of an application for review (see sections 131 and 145 of the
28
Administration Act).
29
Limitations on determination
30
(2) Despite paragraph (1)(a), the Secretary must not make a
31
determination under that paragraph if the Secretary is satisfied that
32
the voluntary act was reasonable.
33
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Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. ,
2008 15
Period of non-payment
1
(3) The participation payment is not payable to the person for the
2
period (the unemployment non-payment period) of 8 weeks
3
beginning on:
4
(a) the day that the person becomes unemployed as a result of
5
the person's voluntary act or misconduct; or
6
(b) if the person is receiving a participation payment at the time
7
of the voluntary act or misconduct--the first day of the first
8
instalment period that begins after the day the Secretary
9
makes the determination, if the Secretary considers that day
10
is more appropriate than the day mentioned in paragraph (a).
11
Note 1:
The Secretary may end an unemployment non-payment period under
12
subsection (4).
13
Note 2:
For the day the Secretary makes the determination, see section 42Y.
14
Ending unemployment non-payment periods
15
(4) The Secretary may end a person's unemployment non-payment
16
period if:
17
(a) the Secretary determines that serving the unemployment
18
non-payment period would cause the person to be in severe
19
financial hardship; and
20
(b) the person is in a class of persons specified by legislative
21
instrument under subsection (5).
22
Note:
For in severe financial hardship see subsection 14A(7) of the 1991
23
Act.
24
(5) For the purposes of subsection (4), the Secretary may, by
25
legislative instrument, specify a class of persons.
26
Subdivision F--General provisions
27
42T Legislative instrume nt determining method for working out
28
penalty amount
29
(1) The Minister must, by legislative instrument, determine a method
30
for working out a person's penalty amount for a no show no pay
31
failure or a reconnection failure.
32
Schedule 1 Co mpliance with obligations in relation to participation payments
Part 1 Co mpliance with obligations in relation to participation payments
16 Social Security Legislation Amendment (Employment Services Reform) Bill 2008
No. , 2008
(2) The method determined for a no show no pay failure that a person
1
commits on a day must not provide for a penalty amount for the
2
person that is more than the following:
3
Amount of the person's instalment
of participation payment for the
instalment period in which the day occurs
1.4
Number of days in the person's instalment period
4
(3) The method determined for a reconnection failure that a person
5
commits must not provide for a penalty amount for the person that
6
is more than the total of the daily rates of the participation payment
7
payable to the person during the reconnection failure period
8
(before deducting a penalty amount).
9
(4) In addition, the method determined for a no show no pay failure or
10
a reconnection failure must relate to:
11
(a) for a person's no show no pay failure--the amount of the
12
participation payment paid to the person on the day on which
13
the person commits the no show no pay failure; or
14
(b) for a person's reconnection failure--the amount of the
15
participation payment paid to the person during the
16
reconnection failure period.
17
(5) The method determined by the Minister for working out a person's
18
penalty amount must not affect any rent assistance, pharmaceutical
19
allowance or youth disability supplement payable to the person.
20
(6) The method determined may provide for a penalty amount that is
21
nil.
22
(7) The legislative instrument may also deal with the amount of a
23
penalty amount to be deducted from an instalment of a
24
participation payment.
25
42U Legislative instrume nts relating to reasonable excuse
26
(1) The Secretary must, by legislative instrument, determine matters
27
that the Secretary must take into account in deciding whether a
28
person has a reasonable excuse for committing:
29
(a) a no show no pay failure (see paragraph 42C(4)(a)); or
30
(b) a connection failure (see paragraph 42E(4)(a)); or
31
(c) a reconnection failure (see subsection 42H(3)); or
32
Co mpliance with obligations in relation to participation payments Schedule 1
Co mpliance with obligations in relation to participation payments Part 1
Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. ,
2008 17
(d) a serious failure (see subsection 42N(2)).
1
(2) To avoid doubt, a determination under subsection (1) does not limit
2
the matters that the Secretary may take into account in deciding
3
whether the person has a reasonable excuse.
4
42V Deduction from any participation payme nt
5
The balance of a person's penalty amount for a no show no pay
6
failure or a reconnection failure that is not reduced to nil under
7
section 42D or 42L is to be deducted from:
8
(a) the instalments of the participation payment referred to in
9
that section for any later instalment periods (until the balance
10
is reduced to nil); and
11
(b) if the balance is not reduced to nil under paragraph (a)--the
12
instalments of any other participation payment paid to the
13
person (until the balance is reduced to nil).
14
42W Penalty amount not a debt
15
To avoid doubt, a penalty amount is not a debt owed to the
16
Commonwealth under Part 5.2 of the 1991 Act.
17
42X Payability
18
A participation payment remains payable even if it is reduced to nil
19
as a result of deducting a penalty amount, or the balance of a
20
penalty amount, for a no show no pay failure or a reconnection
21
failure.
22
42Y Day of determination
23
For the purposes of paragraph 42M(1)(a), 42P(2)(a), 42Q(2)(b) or
24
42S(3)(b), the day the Secretary makes the determination is the day
25
the Secretary originally makes the determination (even if another
26
decision in relation to the determination is later made on review).
27
42Z Relationship with section 80
28
Nothing in this Division affects the power of the Secretary to
29
cancel or suspend a participation payment under section 80 of this
30
Act.
31
32
Schedule 1 Co mpliance with obligations in relation to participation payments
Part 2 Consequential amendments
18 Social Security Legislation Amendment (Employment Services Reform) Bill 2008
No. , 2008
1
Part 2
--
Consequential amendments
2
Social Security Act 1991
3
2 Subsection 14A(1)
4
Omit "In Parts 2.11, 2.11A, 2.12, 2.14 and 2.23A", substitute "For the
5
purposes of Parts 2.11, 2.11A, 2.12, 2.14 and 2.23A and Division 3A of
6
Part 3 of the Administration Act".
7
3 Subsection 14A(2)
8
After "2.23A", insert "and Division 3A of Part 3 of the Administration
9
Act".
10
4 At the end of section 14A
11
Add:
12
(7) For the purposes of Division 3A of Part 3 of the Administration
13
Act, a person is in severe financial hardship if the value of the
14
person's liquid assets does not exceed the person's maximum
15
reserve.
16
5 Subsection 23(1) (definition of compliance penalty period)
17
Repeal the definition, substitute:
18
compliance penalty period, in relation to a person, means:
19
(a) a period during which a participation payment (within the
20
meaning of the Administration Act) is not payable because of
21
subsection 42P(1) (serious failures) or 42S(1)
22
(unemployment non-payment periods) of that Act; or
23
(b) a period during which youth allowance is not payable to the
24
person because of section 550B or 551 of this Act; or
25
(c) a period during which austudy payment is not payable to the
26
person because of section 576A or 577 of this Act.
27
6 Subsection 23(1) (definition of newstart participation
28
failure)
29
Repeal the definition.
30
Co mpliance with obligations in relation to participation payments Schedule 1
Consequential amend ments Part 2
Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. ,
2008 19
7 Subsection 23(1) (definition of parenting payment
1
participation failure)
2
Repeal the definition.
3
8 Subsection 23(1) (definition of participation failure
4
instalment period)
5
Repeal the definition, substitute:
6
participation failure instalment period:
7
(a) in relation to the payability of youth allowance--has the
8
meaning given by subsection 550B(3); and
9
(b) in relation to the payability of austudy payment--has the
10
meaning given by subsection 576A(3).
11
9 Subsection 23(1) (definition of special benefit participation
12
failure)
13
Repeal the definition.
14
10 Subdivisions C and CA of Division 1 of Part 2.10
15
Repeal the Subdivisions.
16
11 Before section 550
17
Insert:
18
549G Application of Subdivision
19
This Subdivision applies to a person only if the person is
20
undertaking full-time study (see section 541B).
21
Note:
If the person is not undertaking full-time study, Division 3A of Part 3
22
of the Administration Act might apply.
23
12 Paragraphs 550(1)(c) to (j)
24
Repeal the paragraphs.
25
13 Subsections 550(5), (7) and (8)
26
Repeal the subsections.
27
14 Section 550A
28
Repeal the section.
29
Schedule 1 Co mpliance with obligations in relation to participation payments
Part 2 Consequential amendments
20 Social Security Legislation Amendment (Employment Services Reform) Bill 2008
No. , 2008
15 Subsection 550B(1)
1
Omit "However, paragraphs (b) and (c) do not apply in relation to a
2
youth allowance participation failure of a kind referred to in paragraph
3
550(1)(h), (i) or (j).".
4
16 Subsection 550B(3)
5
Repeal the subsection, substitute:
6
Meaning of participation failure instalment period
7
(3) The participation failure instalment period for the youth
8
allowance participation failure is the next instalment period of the
9
person to start after the day on which the Secretary first became
10
aware that the person committed the failure.
11
17 Subdivision E of Division 2 of Part 2.11 (heading)
12
Repeal the heading, substitute:
13
Subdivision E--Situations where allowance not payable
14
because of repeated failure
15
18 Before section 551
16
Insert:
17
550E Application of Subdivision
18
This Subdivision applies to a person only if the person is
19
undertaking full-time study (see section 541B).
20
Note:
If the person is not undertaking full-time study, Division 3A of Part 3
21
of the Administration Act might apply.
22
19 Subsections 551(1) to (1B)
23
Repeal the subsections, substitute:
24
General
25
(1) A youth allowance is not payable to a person, for the period of 8
26
weeks starting in accordance with section 551A, if the person
27
commits a youth allowance participation failure (the repeated
28
failure), having committed youth allowance participation failures
29
Co mpliance with obligations in relation to participation payments Schedule 1
Consequential amend ments Part 2
Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. ,
2008 21
(the earlier failures) on 2 or more other occasions during the
1
period of 12 months preceding that failure.
2
Note:
The heading to section 551 is altered by omitting "or more serious".
3
20 Subsection 551(2)
4
Omit "For the purposes of paragraph (1)(a), disregard", substitute
5
"Disregard".
6
21 Subsections 551(4) to (6)
7
Repeal the subsections.
8
22 Section 551A
9
Repeal the section, substitute:
10
551A When the period of non-payment starts
11
The period for which youth allowance is not payable to the person
12
because of subsection 551(1) is taken to start, or to have started:
13
(a) if the repeated failure occurs during a participation failure
14
instalment period for an earlier failure--at the start of the
15
participation failure instalment period for the earlier failure;
16
or
17
(b) otherwise--at the start of the next instalment period of the
18
person to start after the day on which the Secretary first
19
became aware that the person committed the failure.
20
Note:
For participation failure instalment period see subsection 550B(3).
21
23 Subdivisions F and FA of Division 1 of Part 2.12
22
Repeal the Subdivisions.
23
24 Paragraph 729(2)(bd)
24
Repeal the paragraph, substitute:
25
(bd) if the person is qualified for parenting payment but the
26
payment is not payable to the person for the period--that
27
result is not produced because of the operation of subsection
28
42P(1) (serious failures) or 42S(1) (unemployment
29
non-payment periods) of the Administration Act; and
30
25 Subparagraphs 729(2)(d)(i) to (ix)
31
Schedule 1 Co mpliance with obligations in relation to participation payments
Part 2 Consequential amendments
22 Social Security Legislation Amendment (Employment Services Reform) Bill 2008
No. , 2008
Repeal the subparagraphs, substitute:
1
(i) subsection 42P(1) of the Administration Act (serious
2
failures);
3
(ii) subsection 42S(1) of the Administration Act
4
(unemployment non-payment periods);
5
(iii) section 631 of this Act (person failing to comply with
6
notification requirement);
7
(iv) section 633 of this Act (seasonal workers);
8
(v) section 634 of this Act (move to area of lower
9
employment prospects); and
10
26 Subparagraph 729(2)(dc)(ia)
11
Omit "or more serious".
12
27 Subparagraph 729(2)(dc)(iii)
13
Omit "section 81", substitute "subsection 42P(1) (serious failures) or
14
42S(1) (unemployment non-payment periods) or section 81".
15
28 Subdivisions C and CA of Division 1 of Part 2.15
16
Repeal the Subdivisions.
17
29 Subparagraph 1046(2)(b)(i)
18
After "of this Act", insert ", or subsection 42P(1) or 42S(1)".
19
30 Subparagraph 1046(2)(b)(ii)
20
Omit "this Act", substitute "this Act, or subsection 42P(1) or 42S(1)".
21
31 Subparagraph 1046(2B)(b)(i)
22
After "of this Act", insert ", or subsection 42P(1) or 42S(1)".
23
32 Subparagraph 1046(2B)(b)(ii)
24
Omit "this Act", substitute "this Act, or subsection 42P(1) or 42S(1)".
25
33 Subparagraph 1046(2B)(b)(iia)
26
Omit "section 500J, 500ZB or 500ZE of this Act or section 81",
27
substitute "section 500J of this Act, or subsection 42P(1) or 42S(1) or
28
section 81".
29
Co mpliance with obligations in relation to participation payments Schedule 1
Consequential amend ments Part 2
Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. ,
2008 23
Social Security (Administration) Act 1999
1
34 Paragraph 110A(b)
2
Repeal the paragraph, substitute:
3
(b) the payment had been suspended because it was not payable
4
because of:
5
(i) subsection 42P(1) or 42S(1) (if the payment was a
6
participation payment); or
7
(ii) section 550B or 551 of the 1991 Act (if the payment
8
was a youth allowance); or
9
(iii) section 576A or 577 of the 1991 Act (if the payment
10
was an austudy payment);
11
35 Section 110A
12
Omit "because of that section", substitute "because of section 550B,
13
551, 576A or 577 of the 1991 Act, or on the day after the serious failure
14
period or unemployment non-payment period ends under subsection
15
42P(1) or 42S(3) or section 42Q of this Act, as the case requires".
16
36 Paragraph 118(12C)(b)
17
Repeal the paragraph, substitute:
18
(b) the determination was made because of the application of:
19
(i) subsection 42P(1) or 42S(1) (if the payment is a
20
participation payment); or
21
(ii) section 550B or 551 of the 1991 Act (if the payment is a
22
youth allowance); or
23
(iii) section 576A or 577 of the 1991 Act (if the payment is
24
an austudy payment);
25
37 After subsection 131(5)
26
Insert:
27
(5A) If:
28
(a) an adverse decision results in a serious failure period or an
29
unemployment non-payment period; and
30
(b) a declaration in relation to the decision ceases to have effect
31
under subsection (5); and
32
Schedule 1 Co mpliance with obligations in relation to participation payments
Part 2 Consequential amendments
24 Social Security Legislation Amendment (Employment Services Reform) Bill 2008
No. , 2008
(c) after the declaration ceases, the serious failure period or the
1
unemployment non-payment period, or the balance of that
2
period, remains to be served;
3
the period or the balance of the period continues from the day the
4
declaration ceases.
5
38 After paragraph 144(f)
6
Insert:
7
(fa) a decision under subsection 42P(3) of this Act;
8
39 After subsection 145(4)
9
Insert:
10
(4A) If:
11
(a) an adverse decision results in a serious failure period or an
12
unemployment non-payment period; and
13
(b) a declaration in relation to the decision ceases to have effect
14
under subsection (4); and
15
(c) after the declaration ceases, the serious failure period or the
16
unemployment non-payment period, or the balance of that
17
period, remains to be served;
18
the period or the balance of the period continues from the day the
19
declaration ceases.
20
40 After paragraph 192(d)
21
Insert:
22
(daa) the operation of Division 3A of Part 3;
23
41 Subclause 1(1) of Schedule 1
24
Insert:
25
connection failure has the meaning given by subsection 42E(1).
26
42 Subclause 1(1) of Schedule 1
27
Insert:
28
further reconnection requirement has the meaning given by
29
section 42J.
30
43 Subclause 1(1) of Schedule 1
31
Co mpliance with obligations in relation to participation payments Schedule 1
Consequential amend ments Part 2
Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. ,
2008 25
Insert:
1
no show no pay failure has the meaning given by subsection
2
42C(1).
3
44 Subclause 1(1) of Schedule 1
4
Insert:
5
participation payment is any of the following payments that are
6
paid to a person:
7
(a) newstart allowance;
8
(b) if the person is neither undertaking full-time study (see
9
section 541B of the 1991 Act) nor is a new apprentice--
10
youth allowance;
11
(c) if the person is subject to participation requirements--
12
parenting payment;
13
(d) if the person is a nominated visa holder--special benefit.
14
45 Subclause 1(1) of Schedule 1
15
Insert:
16
penalty amount for a person for a no show no pay failure or a
17
reconnection failure means the amount worked out for the person
18
in accordance with the legislative instrument made under
19
section 42T.
20
46 Subclause 1(1) of Schedule 1
21
Insert:
22
reconnection failure has the meaning given by subsection 42H(1).
23
47 Subclause 1(1) of Schedule 1
24
Insert:
25
reconnection failure period has the meaning given by subsection
26
42H(4).
27
48 Subclause 1(1) of Schedule 1
28
Insert:
29
reconnection requirement has the meaning given by section 42G.
30
Schedule 1 Co mpliance with obligations in relation to participation payments
Part 2 Consequential amendments
26 Social Security Legislation Amendment (Employment Services Reform) Bill 2008
No. , 2008
49 Subclause 1(1) of Schedule 1
1
Insert:
2
serious failure has the meanings given by subsections 42M(1) and
3
42N(1).
4
50 Subclause 1(1) of Schedule 1
5
Insert:
6
serious failure period has the meaning given by subsection 42P(2).
7
51 Subclause 1(1) of Schedule 1
8
Insert:
9
serious failure requirement has the meaning given by subsection
10
42P(3).
11
52 Subclause 1(1) of Schedule 1
12
Insert:
13
unemployment non-payment period has the meaning given by
14
subsection 42S(3).
15
53 At the end of subclause 5(1A) of Schedule 2
16
Add:
17
Note:
Clause 5A deals with the start day of parenting payment where one
18
member of a couple commits a serious failure or is unemployed as a
19
result of a voluntary act or misconduct.
20
54 After subclause 5(1A) of Schedule 2
21
Insert:
22
(1B) If the exclusion period to which a person is subject is a serious
23
failure period or an unemployment non-payment period,
24
subclause (1) applies only in relation to a start day for a
25
participation payment to the person.
26
55 After clause 5 of Schedule 2
27
Insert:
28
Co mpliance with obligations in relation to participation payments Schedule 1
Consequential amend ments Part 2
Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. ,
2008 27
5A Start day for parenting payme nt whe re one membe r of a couple
1
commits a serious failure or is unemployed as a result of a
2
voluntary act or misconduct
3
If:
4
(a) one member of a couple is receiving parenting payment; and
5
(b) the other member of the couple is receiving a participation
6
payment; and
7
(c) either:
8
(i) the Secretary determines that the other member of the
9
couple commits a serious failure; or
10
(ii) the Secretary makes a determination under subsection
11
42S(1) (unemployment as a result of a voluntary act or
12
misconduct) in relation to the other member of the
13
couple; and
14
(d) the other member of the couple claims parenting payment;
15
then, the other member's start day under this Schedule in relation
16
to the parenting payment is the first day after the end of the
17
person's serious failure period or unemployment non-payment
18
period.
19
20
Schedule 1 Co mpliance with obligations in relation to participation payments
Part 3 Application provision
28 Social Security Legislation Amendment (Employment Services Reform) Bill 2008
No. , 2008
1
Part 3
--
Application provision
2
56 Application of amendments
3
(1)
The amendments made by this Schedule apply to failures, voluntary
4
acts or misconduct committed after the Schedule commences.
5
(2)
If, immediately before the commencement of this Schedule, a payment
6
that would be a participation payment is not payable to a person under
7
section 500ZB, 500ZE, 550B, 551, 626, 629, 742 or 745 of the Social
8
Security Act 1991, that Act (as in force immediately before the
9
commencement) continues to apply, after that commencement, in
10
relation to the payment.
11
(3)
Subject to subitem (4), if, immediately before the commencement of
12
this Schedule, a payment that would be a participation payment is not
13
payable to a person under section 500ZE, 551, 629 or 745 of the Social
14
Security Act 1991, section 42Q of the Social Security (Administration)
15
Act 1999 (as inserted by item 1 of this Schedule) applies, after that
16
commencement, as if the 8 week period referred to in section 500ZE,
17
551, 629 or 745 were a serious failure period.
18
(4)
Section 42Q of the Social Security (Administration) Act 1999 (as
19
inserted by item 1 of this Schedule) does not apply in relation to a
20
person under subitem (3) if the person's participation payment is not
21
payable to the person under paragraph 500ZE(1)(b) or (c), 551(1)(b) or
22
(c), 629(1)(b) or (c) or 745(1)(b) or (c) of the Social Security Act 1991.
23
24
Amend ments relating to employ ment pathway plans Schedule 2
Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. ,
2008 29
1
Schedule 2
--
Amendments relating to
2
employment pathway plans
3
4
Social Security Act 1991
5
1 Subsection 23(1)
6
Insert:
7
employment pathway plan means:
8
(a) a Parenting Payment Employment Pathway Plan; or
9
(b) a Youth Allowance Employment Pathway Plan; or
10
(c) a Newstart Employment Pathway Plan; or
11
(d) a Special Benefit Employment Pathway Plan.
12
2 Subsection 23(1) (definition of Parenting Payment Activity
13
Agreement)
14
Repeal the definition.
15
3 Subsection 23(1) (definition of Youth Allowance Activity
16
Agreement)
17
Repeal the definition.
18
4 Paragraph 500A(a)
19
Omit "Activity Agreement", substitute "Employment Pathway Plan".
20
5 Paragraph 500A(b)
21
Repeal the paragraph, substitute:
22
(b) while the plan is in force, the person must comply with the
23
requirements in the plan;
24
6 Paragraph 500A(c)
25
Omit "agreement" (wherever occurring), substitute "plan".
26
7 Division 2 of Part 2.10 of Chapter 2 (heading)
27
Repeal the heading, substitute:
28
Schedule 2 A mendments relating to emp loyment pathway plans
30 Social Security Legislation Amendment (Employment Services Reform) Bill 2008
No. , 2008
Division 2--Parenting Payment Employment Pathway
1
Plans
2
8 Subsection 501(1)
3
Omit "Activity Agreement", substitute "Employment Pathway Plan".
4
Note:
The heading to section 501 is altered by omitting "Activity Agreements" and
5
substituting "Employment Pathway Plans".
6
9 Subsection 501(2)
7
Repeal the subsection, substitute:
8
(2) If a Parenting Payment Employment Pathway Plan is in force in
9
relation to a person, the Secretary may require the person to enter
10
into another plan instead of the existing one.
11
10 Subsection 501(5)
12
Omit "Activity Agreement", substitute "Employment Pathway Plan".
13
11 Paragraph 501(5)(b)
14
Omit "agreement", substitute "plan".
15
12 Subsection 501(6)
16
Repeal the subsection, substitute:
17
(6) A Parenting Payment Employment Pathway Plan must be in a form
18
approved by the Secretary.
19
13 Subsection 501A(1)
20
Repeal the subsection, substitute:
21
Suitable requirements
22
(1) Subject to subsections (2) and (3) and sections 501B to 501E, a
23
Parenting Payment Employment Pathway Plan that is in force in
24
relation to a person is to contain one or more terms (the
25
requirements) that:
26
(a) the person is required to comply with; and
27
(b) the Secretary regards as suitable for the person.
28
Note:
The heading to section 501A is altered by omitting "Activity Agreement" and
29
substituting "Employment Pathway Plan".
30
Amend ments relating to employ ment pathway plans Schedule 2
Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. ,
2008 31
14 Subsection 501A(2)
1
Omit "Activity Agreement", substitute "Employment Pathway Plan".
2
15 Subsection 501A(2)
3
Omit "agreement", substitute "plan".
4
16 Subsection 501A(3)
5
Omit "An agreement", substitute "A plan".
6
17 Subsection 501A(4)
7
Omit "agreements", substitute "plans".
8
18 Subsection 501A(4A)
9
Omit "agreement", substitute "plan".
10
19 After subsection 501A(4A)
11
Insert:
12
Optional terms
13
(4B) A plan may also contain one or more terms that the person may,
14
but is not required to, comply with.
15
20 Subsection 501A(5)
16
Repeal the subsection, substitute:
17
Approval of requirements
18
(5) The requirements in a plan are to be approved by the Secretary.
19
21 Subsection 501A(6)
20
Repeal the subsection, substitute:
21
(6) In considering whether to approve the requirements in a plan that
22
will be in force in relation to a person, the Secretary is to have
23
regard to:
24
(a) the person's capacity to comply with the requirements; and
25
(b) the person's needs.
26
22 Subsection 501A(7)
27
Schedule 2 A mendments relating to emp loyment pathway plans
32 Social Security Legislation Amendment (Employment Services Reform) Bill 2008
No. , 2008
Omit "an agreement", substitute "the requirements in a plan".
1
23 Paragraph 501A(7)(f)
2
Omit "for compliance with the agreement", substitute "to comply with
3
the requirements".
4
24 Paragraph 501A(7)(g)
5
Repeal the paragraph, substitute:
6
(g) the financial costs (such as travel costs) of complying with
7
the requirements, and the person's capacity to pay for such
8
costs;
9
25 Subsection 501A(8)
10
Omit "An agreement with", substitute "A plan that is in force in relation
11
to".
12
Note:
The following heading to subsection 501A(8) is inserted "Variation, suspension,
13
cancellation and review".
14
26 Paragraphs 501A(8)(a) to (c)
15
Repeal the paragraphs, substitute:
16
(a) may be varied (in negotiation with the person) or suspended
17
by the Secretary; and
18
(b) must be cancelled by the Secretary if the person enters into
19
another Parenting Payment Employment Pathway Plan; and
20
(c) may be reviewed from time to time by the Secretary at the
21
request of the Secretary or the person; and
22
27 Subsection 501A(9)
23
Repeal the subsection, substitute:
24
Circumstances preventing or affecting compliance
25
(9) If a plan is in force in relation to a person, the person must notify
26
the Secretary of any circumstances preventing or affecting the
27
person's capacity to comply with the requirements in the plan.
28
28 Subsection 501B(1)
29
Omit "Activity Agreement", substitute "Employment Pathway Plan".
30
Note:
The heading to section 501B is altered by omitting "Activity Agreements" and
31
substituting "Employment Pathway Plans".
32
Amend ments relating to employ ment pathway plans Schedule 2
Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. ,
2008 33
29 Subsection 501C(1)
1
Omit "Activity Agreement", substitute "Employment Pathway Plan".
2
Note:
The heading to section 501C is altered by omitting "Activity Agreements" and
3
substituting "Employment Pathway Plans".
4
30 Paragraph 501C(1)(a)
5
Omit "is between the Secretary and", substitute "is in force in relation
6
to".
7
31 Subsection 501D(1)
8
Omit "Activity Agreement between the Secretary and", substitute
9
"Employment Pathway Plan that is in force in relation to".
10
Note:
The heading to section 501D is altered by omitting "Activity Agreements" and
11
substituting "Employment Pathway Plans".
12
32 Subsection 501D(2)
13
Omit "The Secretary may, by notice given to a person whom a
14
Parenting Payment Activity Agreement requires to participate in an
15
approved program of work for income support payment,", substitute "If
16
a Parenting Payment Employment Pathway Plan that is in force in
17
relation to a person requires the person to participate in an approved
18
program of work for income support payment, the Secretary may, by
19
notice given to the person,".
20
33 Subsection 501D(4)
21
Repeal the subsection, substitute:
22
(4) A person is not to be taken to be one of the following merely
23
because the person participates in an approved program of work for
24
income support payment, or undertakes an activity (other than
25
suitable paid work), in accordance with a term (including an
26
optional term) of a Parenting Payment Employment Pathway Plan
27
under this section:
28
(a) an employee within the meaning of section 9 of the
29
Occupational Health and Safety Act 1991;
30
(b) an employee within the meaning of section 5 of the Safety,
31
Rehabilitation and Compensation Act 1988;
32
(c) an employee for the purposes of the Superannuation
33
Guarantee (Administration) Act 1992;
34
Schedule 2 A mendments relating to emp loyment pathway plans
34 Social Security Legislation Amendment (Employment Services Reform) Bill 2008
No. , 2008
(d) an employee for the purposes of the Workplace Relations Act
1
1996.
2
34 Section 501E
3
Omit "Activity Agreement between the Secretary and", substitute
4
"Employment Pathway Plan that is in force in relation to".
5
Note:
The heading to section 501E is altered by omitting "Activity Agreements--suspension
6
of agreements" and substituting "Employment Pathway Plans--suspension of
7
plans".
8
35 Subsection 502(2)
9
Omit "Activity Agreement between the Secretary and", substitute
10
"Employment Pathway Plan that is in force in re lation to".
11
36 Subsection 502(3)
12
Repeal the subsection, substitute:
13
(3) The person can be taken not to have complied with requirements
14
notified to the person under subsection (1) whether or not the
15
person has complied with:
16
(a) any requirement to enter into a Parenting Payment
17
Employment Pathway Plan; and
18
(b) the requirements in the plan.
19
37 Paragraph 502J(2)(a)
20
Omit "Activity Agreement", substitute "Employment Pathway Plan".
21
38 Paragraph 502J(2)(b)
22
Omit "an agreement", substitute "a plan".
23
39 Paragraph 540(c)
24
Omit "Activity Agreements", substitute "Employment Pathway Plans".
25
40 Paragraphs 540AB(3)(a) and (b)
26
Omit "Activity Agreement", substitute "Employment Pathway Plan".
27
41 Paragraph 541(1)(c)
28
Omit "terms of a Youth Allowance Activity Agreement", substitute
29
"requirements in a Youth Allowance Employment Pathway Plan".
30
Amend ments relating to employ ment pathway plans Schedule 2
Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. ,
2008 35
42 Subsection 541(2A)
1
Omit "Activity Agreement between the Secretary and", substitute
2
"Employment Pathway Plan that is in force in relation to".
3
43 Paragraph 541A(b)
4
Omit "terms of a Youth Allowance Activity Agreement", substitute
5
"requirements in a Youth Allowance Employment Pathway Plan".
6
44 Paragraph 542BA(2)(a)
7
Omit "Activity Agreement but has failed to enter that agreement",
8
substitute "Employment Pathway Plan but has failed to enter that plan".
9
45 Paragraph 542BA(2)(b)
10
Omit "an agreement", substitute "a plan".
11
46 Subparagraph 542FB(4)(b)(i)
12
Omit "Activity Agreement but has failed to enter that agreement",
13
substitute "Employment Pathway Plan but has failed to enter that plan".
14
47 Subparagraph 542FB(4)(b)(ii)
15
Omit "an agreement", substitute "a plan".
16
48 Paragraph 543A(2)(c)
17
Omit "activity agreement", substitute "Employment Pathway Plan".
18
49 Subdivision E of Division 1 of Part 2.11 of Chapter 2
19
(heading)
20
Repeal the heading, substitute:
21
Subdivision E--Youth Allowance Employment Pathway Plans
22
50 Subsection 544(1)
23
Omit "Activity Agreements", substitute "Employment Pathway Plans".
24
Note:
The heading to section 544 is altered by omitting "Activity Agreements" and
25
substituting "Employment Pathway Plans".
26
51 Paragraph 544(1)(a)
27
Omit "Activity Agreement", substitute "Employment Pathway Plan".
28
Schedule 2 A mendments relating to emp loyment pathway plans
36 Social Security Legislation Amendment (Employment Services Reform) Bill 2008
No. , 2008
52 Paragraphs 544(1)(b) and (c)
1
Repeal the paragraphs, substitute:
2
(b) while the plan is in force, the person must comply with the
3
requirements in the plan; and
4
(c) at all times when the plan is in force, the person must be
5
prepared to enter into another such plan instead of the
6
existing plan, if required to do so by the Secretary.
7
53 Paragraph 544(3)(b)
8
Omit "the person was a party to a Special Benefit Activity Agreement",
9
substitute "a Special Benefit Employment Pathway Plan was in force in
10
relation to the person".
11
54 Subsection 544(3)
12
Omit "agreement" (wherever occurring), substitute "plan".
13
55 Subsection 544(3)
14
Omit "Activity Agreement" (second occurring), substitute
15
"Employment Pathway Plan".
16
56 Paragraph 544(4)(b)
17
Omit "the person was a party to a Parenting Payment Activity
18
Agreement", substitute "a Parenting Payment Employment Pathway
19
Plan was in force in relation to the person".
20
57 Subsection 544(4)
21
Omit "agreement" (wherever occurring), substitute "plan".
22
58 Subsection 544(4)
23
Omit "Activity Agreement" (second occurring), substitute
24
"Employment Pathway Plan".
25
59 Subsection 544A(1)
26
Omit "Subject to this section, the Secretary may require a person who is
27
not a party to a Youth Allowance Activity Agreement to enter into such
28
an agreement if", substitute "If a Youth Allowance Employment
29
Pathway Plan is not in force in relation to a person, the Secretary may
30
require the person to enter into such a plan if".
31
Amend ments relating to employ ment pathway plans Schedule 2
Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. ,
2008 37
Note 1: The heading to section 544A is altered by omitting "Activity Agreements" and
1
substituting "Employment Pathway Plans".
2
Note 2: The heading to subsection 544A(1) is altered by omitting "agreement" and substituting
3
"plan".
4
60 Subsections 544A(2) and (2A)
5
Omit "Activity Agreement", substitute "Employment Pathway Plan".
6
Note:
The heading to subsection 544A(2) is altered by omitting "agreements" and substituting
7
"plans".
8
61 Subsection 544A(3)
9
Repeal the subsection, substitute:
10
Requirement to enter another plan
11
(3) If a Youth Allowance Employment Pathway Plan is in force in
12
relation to a person, the Secretary may require the person to enter
13
into another plan instead of the existing one.
14
62 Subsection 544A(4)
15
Omit "Activity Agreement", substitute "Employment Pathway Plan".
16
63 Paragraph 544A(4)(b)
17
Omit "agreement", substitute "plan".
18
64 Subsection 544A(5)
19
Repeal the subsection, substitute:
20
Form of plan
21
(5) A Youth Allowance Employment Pathway Plan must be in a form
22
approved by the Secretary.
23
65 Subsection 544B(1)
24
Repeal the subsection, substitute:
25
Suitable requirements
26
(1) Subject to sections 544C and 544D, a Youth Allowance
27
Employment Pathway Plan that is in force in relation to a person is
28
to contain one or more terms (the requirements) that:
29
Schedule 2 A mendments relating to emp loyment pathway plans
38 Social Security Legislation Amendment (Employment Services Reform) Bill 2008
No. , 2008
(a) the person is required to comply with; and
1
(b) the Secretary regards as suitable for the person.
2
Note:
The heading to section 544B is altered by omitting "Activity Agreements" and
3
substituting "Employment Pathway Plans".
4
66 Subsection 544B(1A)
5
Repeal the subsection, substitute:
6
(1A) A plan must not contain a requirement of a kind that the Secretary
7
determines under subsection (1B).
8
67 Subsection 544B(1B)
9
Repeal the subsection, substitute:
10
(1B) The Secretary must determine, by legislative instrument, kinds of
11
requirements that plans must not contain.
12
68 Subsection 544B(1C)
13
Omit "agreement", substitute "plan".
14
69 After subsection 544B(1C)
15
Insert:
16
Optional terms
17
(1D) A plan may also contain one or more terms that the person may,
18
but is not required to, comply with.
19
70 Subsection 544B(2)
20
Repeal the subsection, substitute:
21
Approval of requirements
22
(2) The requirements in a plan are to be approved by the Secretary.
23
71 Subsection 544B(3)
24
Repeal the subsection, substitute:
25
(3) In considering whether to approve the requirements in a plan that
26
will be in force in relation to a person, the Secretary is to have
27
regard to:
28
Amend ments relating to employ ment pathway plans Schedule 2
Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. ,
2008 39
(a) the person's capacity to comply with the requirements; and
1
(b) the person's needs.
2
72 Subsection 544B(4)
3
Omit "an agreement", substitute "the requirements in a plan".
4
73 Paragraph 544B(4)(e)
5
Omit "for compliance with the agreement", substitute "to comply with
6
the requirements".
7
74 Paragraph 544B(4)(f)
8
Repeal the paragraph, substitute:
9
(f) the financial costs (such as travel costs) of complying with
10
the requirements, and the person's capacity to pay for such
11
costs; and
12
75 Subsection 544B(5)
13
Omit "An agreement with", substitute "A plan that is in force in relation
14
to".
15
76 Paragraph 544B(5)(b)
16
Repeal the paragraph, substitute:
17
(b) must be cancelled by the Secretary if the person enters into
18
another Youth Allowance Employment Pathway Plan; and
19
77 Paragraph 544B(5)(c)
20
Omit "either party to the agreement", substitute "the Secretary or the
21
person".
22
78 Subsection 544B(6)
23
Repeal the subsection, substitute:
24
Circumstances preventing or affecting compliance
25
(6) If a plan is in force in relation to a person, the person must notify
26
the Secretary of any circumstances preventing or affecting the
27
person's capacity to comply with the requirements in the plan.
28
79 Subsection 544B(7)
29
Schedule 2 A mendments relating to emp loyment pathway plans
40 Social Security Legislation Amendment (Employment Services Reform) Bill 2008
No. , 2008
Omit "Activity Agreement with", substitute "Employment Pathway
1
Plan that is in force in relation to".
2
80 Subsection 544B(7A)
3
Omit "The Secretary may, by notice given to a person whom a Youth
4
Allowance Activity Agreement requires to participate in an approved
5
program of work for income support payment,", substitute "If a Youth
6
Allowance Employment Pathway Plan that is in force in relation to a
7
person requires the person to participate in an approved program of
8
work for income support payment, the Secretary may, by notice given
9
to the person,".
10
81 Subsection 544B(8)
11
Repeal the subsection, substitute:
12
Activities that do not give rise to employment under certain
13
industrial relations legislation
14
(8) A person is not to be taken to be one of the following merely
15
because the person participates in an approved program of work for
16
income support payment, or undertakes an activity (other than
17
suitable paid work), in accordance with a term (including an
18
optional term) of a Youth Allowance Employment Pathway Plan
19
under this section:
20
(a) an employee within the meaning of section 9 of the
21
Occupational Health and Safety Act 1991;
22
(b) an employee within the meaning of section 5 of the Safety,
23
Rehabilitation and Compensation Act 1988;
24
(c) an employee for the purposes of the Superannuation
25
Guarantee (Administration) Act 1992;
26
(d) an employee for the purposes of the Workplace Relations Act
27
1996.
28
82 Subsection 544C(1)
29
Omit "Activity Agreement", substitute "Employment Pathway Plan".
30
Note:
The heading to section 544C is altered by omitting "Activity Agreements" and
31
substituting "Employment Pathway Plans".
32
83 Paragraph 544C(1)(a)
33
Amend ments relating to employ ment pathway plans Schedule 2
Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. ,
2008 41
Omit "is between the Secretary and", substitute "is in force in relation
1
to".
2
84 Subsection 544D(1)
3
Omit "Activity Agreement", substitute "Employment Pathway Plan".
4
Note:
The heading to section 544D is altered by omitting "Activity Agreements" and
5
substituting "Employment Pathway Plans".
6
85 Paragraph 544D(1)(a)
7
Omit "is between the Secretary and", substitute "is in force in relation
8
to".
9
86 Section 544E
10
Omit "Activity Agreement between the Secretary and", substitute
11
"Employment Pathway Plan that is in force in relation to".
12
Note:
The heading to section 544E is altered by omitting "Activity Agreements--suspension
13
of agreements" and substituting "Employment Pathway Plans--suspension of
14
plans".
15
87 Subparagraph 547AA(1)(b)(ii)
16
Omit "Activity Agreement", substitute "Employment Pathway Plan".
17
88 Paragraph 556A(d)
18
Omit "the terms of a Youth Allowance Activity Agreement to which the
19
person is subject", substitute "a requirement in a Youth Allowance
20
Employment Pathway Plan that is in force in relation to the person".
21
89 Paragraph 593(1)(c)
22
Omit "the person is not a party to a Newstart Activity Agreement",
23
substitute "a Newstart Employment Pathway Plan is not in force in
24
relation to the person".
25
90 Paragraph 593(1)(c)
26
Omit "an agreement", substitute "a plan".
27
91 Paragraph 593(1)(d)
28
Omit "the person is a party to a Newstart Activity Agreement",
29
substitute "a Newstart Employment Pathway Plan is in force in relation
30
to the person".
31
Schedule 2 A mendments relat ing to emp loyment pathway plans
42 Social Security Legislation Amendment (Employment Services Reform) Bill 2008
No. , 2008
92 Paragraph 593(1)(d)
1
Omit "agreement" (wherever occurring), substitute "plan".
2
93 Paragraph 593(1)(e)
3
Omit "Activity Agreement", substitute "Employment Pathway Plan".
4
94 Paragraph 593(1)(e)
5
Omit "agreement", substitute "plan".
6
95 Paragraph 593(1)(f)
7
Omit "agreement" (first occurring), substitute "plan".
8
96 Paragraph 593(1)(f)
9
Omit "terms of the agreement", substitute "requirements in the plan".
10
97 Subsection 593(1) (note 3)
11
Omit "Activity Agreement", substitute "Employment Pathway Plan".
12
98 Paragraphs 593(1F)(a) and (b)
13
Omit "Activity Agreement", substitute "Employment Pathway Plan".
14
99 Subsection 595(2)
15
Omit "Activity Agreement", substitute "Employment Pathway Plan".
16
100 Paragraph 595(3)(a)
17
Omit "Newstart Activity Agreement", substitute "requirement in a
18
Newstart Employment Pathway Plan".
19
101 Subsection 601(1B)
20
Omit "Activity Agreement between the Secretary and", substitute
21
"Employment Pathway Plan that is in force in relation to".
22
102 Subsection 601(4)
23
Omit "terms of a Newstart Activity Agreement between the Secretary
24
and", substitute "requirements in a Newstart Employment Pathway Plan
25
that is in force in relation to".
26
103 Subsection 601(5)
27
Amend ments relating to employ ment pathway plans Schedule 2
Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. ,
2008 43
Omit "the terms of a Newstart Activity Agreement between the
1
Secretary and", substitute "a requirement in a Newstart Employment
2
Pathway Plan that is in force in relation to".
3
104 Paragraph 603(3)(c)
4
Omit "Activity Agreement", substitute "Employment Pathway Plan".
5
105 Paragraph 603(3)(c)
6
Omit "agreement", substitute "plan".
7
106 Paragraph 603(3)(d)
8
Omit "an agreement", substitute "a plan".
9
107 Subsection 603(4)
10
Omit "Activity Agreement", substitute "Employment Pathway Plan".
11
108 Paragraph 603D(2)(a)
12
Omit "Activity Agreement", substitute "Employment Pathway Plan".
13
109 Paragraph 603D(2)(b)
14
Omit "an agreement", substitute "a plan".
15
110 Subdivision C of Division 1 of Part 2.12 of Chapter 2
16
(heading)
17
Repeal the heading, substitute:
18
Subdivision C--Newstart Employment Pathway Plans
19
111 Subsection 605(1)
20
Omit "Subject to this section, the Secretary may require a person who is
21
not a party to a Newstart Activity Agreement to enter into such an
22
agreement if", substitute "If a Newstart Employment Pathway Plan is
23
not in force in relation to a person, the Secretary may require the person
24
to enter into such a plan if".
25
Note:
The heading to section 605 is altered by omitting "Activity Agreements" and
26
substituting "Employment Pathway Plans".
27
112 Subsection 605(2)
28
Repeal the subsection, substitute:
29
Schedule 2 A mendments relating to emp loyment pathway plans
44 Social Security Legislation Amendment (Employment Services Reform) Bill 2008
No. , 2008
(2) If a Newstart Employment Pathway Plan is in force in relation to a
1
person, the Secretary may require the person to enter into another
2
plan instead of the existing one.
3
113 Subsection 605(3)
4
Omit "Activity Agreement", substitute "Employment Pathway Plan".
5
114 Paragraph 605(3)(b)
6
Omit "agreement", substitute "plan".
7
115 Subsection 605(4)
8
Repeal the subsection, substitute:
9
(4) A Newstart Employment Pathway Plan must be in a form approved
10
by the Secretary.
11
116 Paragraph 605(5)(b)
12
Omit "the person was a party to a Parenting Payment Activity
13
Agreement", substitute "a Parenting Payment Employment Pathway
14
Plan was in force in relation to the person".
15
117 Subsection 605(5)
16
Omit "agreement" (wherever occurring), substitute "plan".
17
118 Subsection 605(5)
18
Omit "Newstart Activity Agreement", substitute "Newstart
19
Employment Pathway Plan".
20
119 Paragraph 605(6)(b)
21
Omit "the person was a party to a Youth Allowance Activity
22
Agreement", substitute "a Youth Allowance Employment Pathway Plan
23
was in force in relation to the person".
24
120 Subsection 605(6)
25
Omit "agreement" (wherever occurring), substitute "plan".
26
121 Subsection 605(6)
27
Omit "Newstart Activity Agreement", substitute "Newstart
28
Employment Pathway Plan".
29
Amend ments relating to employ ment pathway plans Schedule 2
Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. ,
2008 45
122 Paragraph 605(7)(b)
1
Omit "the person was a party to a Special Benefit Activity Agreement",
2
substitute "a Special Benefit Employment Pathway Plan was in force in
3
relation to the person".
4
123 Subsection 605(7)
5
Omit "agreement" (wherever occurring), substitute "plan".
6
124 Subsection 605(7)
7
Omit "Newstart Activity Agreement", substitute "Newstart
8
Employment Pathway Plan".
9
125 Subsection 606(1)
10
Repeal the subsection, substitute:
11
Suitable requirements
12
(1) Subject to sections 607 to 607B, a Newstart Employment Pathway
13
Plan that is in force in relation to a person is to contain one or more
14
terms (the requirements) that:
15
(a) the person is required to comply with; and
16
(b) the Secretary regards as suitable for the person.
17
Note:
The heading to section 606 is altered by omitting "Activity Agreements" and
18
substituting "Employment Pathway Plans".
19
126 Subsection 606(1A)
20
Omit "an agreement", substitute "a plan".
21
127 Subsection 606(1B)
22
Omit "agreements", substitute "plans".
23
128 Subsection 606(1C)
24
Omit "agreement", substitute "plan".
25
129 After subsection 606(1C)
26
Insert:
27
Schedule 2 A mendments relating to emp loyment pathway plans
46 Social Security Legislation Amendment (Employment Services Reform) Bill 2008
No. , 2008
Optional terms
1
(1D) A plan may also contain one or more terms that the person may,
2
but is not required to, comply with.
3
130 Subsections 606(2) and (3)
4
Repeal the subsections, substitute:
5
Approval of requirements
6
(2) The requirements in a plan are to be approved by the Secretary.
7
(3) In considering whether to approve the requirements in a plan that
8
will be in force in relation to a person, the Secretary is to have
9
regard to:
10
(a) the person's capacity to comply with the requirements; and
11
(b) the person's needs.
12
131 Subsection 606(4)
13
Omit "an agreement", substitute "the requirements in a plan".
14
132 Paragraph 606(4)(e)
15
Omit "for compliance with the agreement", substitute "to comply with
16
the requirements".
17
133 Paragraph 606(4)(f)
18
Repeal the paragraph, substitute:
19
(f) the financial costs (such as travel costs) of complying with
20
the requirements, and the person's capacity to pay for such
21
costs; and
22
134 Subsection 606(5)
23
Omit "An agreement with", substitute "A plan that is in force in relation
24
to".
25
Note:
The following heading to subsection 606(5) is inserted "Variation, suspension,
26
cancellation and review".
27
135 Paragraphs 606(5)(a) to (c)
28
Repeal the paragraphs, substitute:
29
Amend ments relating to employ ment pathway plans Schedule 2
Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. ,
2008 47
(a) may be varied (in negotiation with the person) or suspended
1
by the Secretary; and
2
(b) must be cancelled by the Secretary if the person enters into
3
another Newstart Employment Pathway Plan; and
4
(c) may be reviewed from time to time by the Secretary at the
5
request of the Secretary or the person; and
6
136 Subsection 606(6)
7
Repeal the subsection, substitute:
8
Circumstances preventing or affecting compliance
9
(6) If a plan is in force in relation to a person, the person must notify
10
the Secretary of any circumstances preventing or affecting the
11
person's capacity to comply with the requirements in the plan.
12
137 Subsection 607(1)
13
Omit "Activity Agreement", substitute "Employment Pathway Plan".
14
Note:
The heading to section 607 is altered by omitting "Activity Agreements" and
15
substituting "Employment Pathway Plans".
16
138 Paragraph 607(1)(a)
17
Omit "is between the Secretary and", substitute "is in force in relation
18
to".
19
139 Subsection 607A(1)
20
Omit "Activity Agreement", substitute "Employment Pathway Plan".
21
Note:
The heading to section 607A is altered by omitting "Activity Agreements" and
22
substituting "Employment Pathway Plans".
23
140 Paragraph 607A(1)(a)
24
Omit "is between the Secretary and", substitute "is in force in relation
25
to".
26
141 Subsection 607B(1)
27
Omit "Activity Agreement between the Secretary and", substitute
28
"Employment Pathway Plan that is in force in relation to".
29
Note:
The heading to section 607B is altered by omitting "Activity Agreements" and
30
substituting "Employment Pathway Plans".
31
Schedule 2 A mendments relating to emp loyment pathway plans
48 Social Security Legislation Amendment (Employment Services Reform) Bill 2008
No. , 2008
142 Subsection 607B(2)
1
Omit "The Secretary may, by notice given to a person whom a Newstart
2
Activity Agreement requires to participate in an approved program of
3
work for income support payment,", substitute "If a Newstart
4
Employment Pathway Plan that is in force in relation to a person
5
requires the person to participate in an approved program of work for
6
income support payment, the Secretary may, by notice given to the
7
person,".
8
143 Section 607C
9
Omit "Activity Agreement between the Secretary and", substitute
10
"Employment Pathway Plan that is in force in relation to".
11
Note:
The heading to section 607C is altered by omitting "Activity Agreements--suspension
12
of agreements" and substituting "Employment Pathway Plans--suspension of
13
plans".
14
144 Paragraph 613(2)(b)
15
Omit "Activity Agreement", substitute "Employment Pathway Plan".
16
145 Subsection 613(2) (note 1)
17
Omit "Activity Agreement", substitute "Employment Pathway Plan".
18
146 Subparagraph 615(1)(b)(ii)
19
Omit "Activity Agreement", substitute "Employment Pathway Plan".
20
147 Subdivision GA of Division 1 of Part 2.12 of Chapter 2
21
Repeal the Subdivision, substitute:
22
Subdivision GA--Activities that do not give rise to employment
23
under certain industrial relations legislation
24
631C Activities that do not give rise to employment under certain
25
industrial relations legislation
26
A person is not to be taken to be one of the following merely
27
because the person participates in an approved program of work for
28
income support payment, or undertakes an activity (other than
29
suitable paid work), in accordance with a term (including an
30
optional term) of a Newstart Employment Pathway Plan under
31
section 606:
32
Amend ments relating to employ ment pathway plans Schedule 2
Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. ,
2008 49
(a) an employee within the meaning of section 9 of the
1
Occupational Health and Safety Act 1991;
2
(b) an employee within the meaning of section 5 of the Safety,
3
Rehabilitation and Compensation Act 1988;
4
(c) an employee for the purposes of the Superannuation
5
Guarantee (Administration) Act 1992;
6
(d) an employee for the purposes of the Workplace Relations Act
7
1996.
8
148 Paragraph 644AAA(d)
9
Omit "the terms of a Newstart Activity Agreement to which the person
10
is subject", substitute "a requirement in a Newstart Employment
11
Pathway Plan that is in force in relation to the person".
12
149 Subparagraph 665U(1)(c)(ii)
13
Omit "Newstart Activity Agreement", substitute "requirement in a
14
Newstart Employment Pathway Plan".
15
150 Subparagraph 729(2)(da)(ii)
16
Omit "Activity Agreements", substitute "Employment Pathway Plans".
17
151 Paragraph 729(2B)(b)
18
Omit "the person is not a party to a Special Benefit Activity
19
Agreement", substitute "a Special Benefit Employment Pathway Plan is
20
not in force in relation to the person".
21
152 Paragraph 729(2B)(b)
22
Omit "an agreement", substitute "a plan".
23
153 Paragraph 729(2B)(c)
24
Omit "the person is a party to a Special Benefit Activity Agreement",
25
substitute "a Special Benefit Employment Pathway Plan is in force in
26
relation to the person".
27
154 Paragraph 729(2B)(c)
28
Omit "agreement" (wherever occurring), substitute "plan".
29
155 Paragraph 729(2B)(d)
30
Omit "Activity Agreement", substitute "Employment Pathway Plan".
31
Schedule 2 A mendments relating to emp loyment pathway plans
50 Social Security Legislation Amendment (Employment Services Reform) Bill 2008
No. , 2008
156 Paragraph 729(2B)(d)
1
Omit "agreement", substitute "plan".
2
157 Paragraph 729(2B)(e)
3
Omit "Activity Agreement is in force", substitute "Employment
4
Pathway Plan is in force in relation to the person".
5
158 Paragraph 729(2B)(e)
6
Omit "terms of the agreement", substitute "requirements in the plan".
7
159 Subsection 731A(8)
8
Omit "Activity Agreement between the Secretary and", substitute
9
"Employment Pathway Plan that is in force in relation to".
10
160 Subsection 731A(11)
11
Omit "terms of a Special Benefit Activity Agreement between the
12
Secretary and", substitute "requirements in a Special Benefit
13
Employment Pathway Plan that is in force in relation to".
14
161 Subsection 731A(12)
15
Omit "the terms of a Special Benefit Activity Agreement between the
16
Secretary and", substitute "a requirement in a Special Benefit
17
Employment Pathway Plan that is in force in relation to".
18
162 Subparagraph 731DC(4)(b)(i)
19
Omit "Activity Agreement", substitute "Employment Pathway Plan".
20
163 Subparagraph 731DC(4)(b)(i)
21
Omit "agreement", substitute "plan".
22
164 Subparagraph 731DC(4)(b)(ii)
23
Omit "an agreement", substitute "a plan".
24
165 Paragraph 731KA(2)(a)
25
Omit "Activity Agreement", substitute "Employment Pathway Plan".
26
166 Paragraph 731KA(2)(a)
27
Omit "agreement", substitute "plan".
28
Amend ments relating to employ ment pathway plans Schedule 2
Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. ,
2008 51
167 Paragraph 731KA(2)(b)
1
Omit "an agreement", substitute "a plan".
2
168 Subdivision AB of Division 1 of Part 2.15 of Chapter 2
3
(heading)
4
Repeal the heading, substitute:
5
Subdivision AB--Special Benefit Employment Pathway Plans
6
for persons who are nominated visa holders
7
169 Subsection 731L(1)
8
Omit "Activity Agreement", substitute "Employment Pathway Plan".
9
Note:
The heading to section 731L is altered by omitting "Activity Agreements" and
10
substituting "Employment Pathway Plans".
11
170 Subsection 731L(2)
12
Repeal the subsection, substitute:
13
(2) If a Special Benefit Employment Pathway Plan is in force in
14
relation to a person, the Secretary may require the person to enter
15
into another plan instead of the existing one.
16
171 Subsection 731L(4)
17
Omit "Activity Agreement", substitute "Employment Pathway Plan".
18
172 Paragraph 731L(4)(b)
19
Omit "agreement", substitute "plan".
20
173 Subsection 731L(5)
21
Repeal the subsection, substitute:
22
(5) A Special Benefit Employment Pathway Plan must be in a form
23
approved by the Secretary.
24
174 Subsection 731M(1)
25
Repeal the subsection, substitute:
26
Schedule 2 A mendments relating to emp loyment pathway plans
52 Social Security Legislation Amendment (Employment Services Reform) Bill 2008
No. , 2008
Suitable requirements
1
(1) Subject to subsection (2) and to sections 731N to 731Q, a Special
2
Benefit Employment Pathway Plan that is in force in relation to a
3
person is to contain one or more terms (the requirements) that:
4
(a) the person is required to comply with; and
5
(b) the Secretary regards as suitable for the person.
6
Note:
The heading to section 731M is altered by omitting "Activity Agreements" and
7
substituting "Employment Pathway Plans".
8
175 Subsection 731M(1A)
9
Repeal the subsection, substitute:
10
(1A) A plan must not contain a requirement of a kind that the Secretary
11
determines under subsection (1B).
12
176 Subsection 731M(1B)
13
Omit "activities that agreements must not require persons to undertake",
14
substitute "requirements that plans must not contain".
15
177 Subsection 731M(1C)
16
Omit "agreement", substitute "plan".
17
178 Subsection 731M(2)
18
Omit "An agreement", substitute "A plan".
19
179 After subsection 731M(2)
20
Insert:
21
Optional terms
22
(2A) A plan may also contain one or more terms that the person may,
23
but is not required to, comply with.
24
180 Subsection 731M(3)
25
Repeal the subsection, substitute:
26
Approval of requirements
27
(3) The requirements in a plan are to be approved by the Secretary.
28
Amend ments relating to employ ment pathway plans Schedule 2
Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. ,
2008 53
181 Subsection 731M(4)
1
Repeal the subsection, substitute:
2
(4) In considering whether to approve the requirements in a plan that
3
will be in force in relation to a person, the Secretary is to have
4
regard to:
5
(a) the person's capacity to comply with the requirements; and
6
(b) the person's needs.
7
182 Subsection 731M(5)
8
Omit "an agreement", substitute "the requirements in a plan".
9
183 Paragraph 731M(5)(e)
10
Omit "for compliance with the agreement", substitute "to comply with
11
the requirements".
12
184 Paragraph 731M(5)(f)
13
Repeal the paragraph, substitute:
14
(f) the financial costs (such as travel costs) of complying with
15
the requirements, and the person's capacity to pay for such
16
costs;
17
185 Subsection 731M(6)
18
Omit "An agreement with", substitute "A plan that is in force in relation
19
to".
20
Note:
The following heading to subsection 731M(6) is inserted "Variation, suspension,
21
cancellation and review".
22
186 Paragraphs 731M(6)(a) to (c)
23
Repeal the paragraphs, substitute:
24
(a) may be varied (in negotiation with the person) or suspended
25
by the Secretary; and
26
(b) must be cancelled by the Secretary if the person enters into
27
another Special Benefit Employment Pathway Plan; and
28
(c) may be reviewed from time to time by the Secretary at the
29
request of the Secretary or the person; and
30
187 Subsection 731M(7)
31
Repeal the subsection, substitute:
32
Schedule 2 A mendments relating to emp loyment pathway plans
54 Social Security Legislation Amendment (Employment Services Reform) Bill 2008
No. , 2008
Circumstances preventing or affecting compliance
1
(7) If a plan is in force in relation to a person, the person must notify
2
the Secretary of any circumstances preventing or affecting the
3
person's capacity to comply with the requirements in the plan.
4
188 Subsection 731N(1)
5
Omit "Activity Agreement", substitute "Employment Pathway Plan".
6
Note:
The heading to section 731N is altered by omitting "Activity Agreements" and
7
substituting "Employment Pathway Plans".
8
189 Paragraph 731N(1)(a)
9
Omit "is between the Secretary and", substitute "is in force in relation
10
to".
11
190 Subsection 731P(1)
12
Omit "Activity Agreement", substitute "Employment Pathway Plan".
13
Note:
The heading to section 731P is altered by omitting "Activity Agreements" and
14
substituting "Employment Pathway Plans".
15
191 Paragraph 731P(1)(a)
16
Omit "is between the Secretary and", substitute "is in force in relation
17
to".
18
192 Subsection 731Q(1)
19
Omit "The Secretary may, by notice given to a person whom a Special
20
Benefit Activity Agreement requires to participate in an approved
21
program of work for income support payment,", substitute "If a Special
22
Benefit Employment Pathway Plan that is in force in relation to a
23
person requires the person to participate in an approved program of
24
work for income support payment, the Secretary may, by notice given
25
to the person,".
26
Note:
The heading to section 731Q is altered by omitting "Activity Agreements" and
27
substituting "Employment Pathway Plans".
28
193 Section 731R
29
Omit "Activity Agreement between the Secretary and", substitute
30
"Employment Pathway Plan that is in force in relation to".
31
Note:
The heading to section 731R is altered by omitting "Activity Agreements--suspension
32
of agreements" and substituting "Employment Pathway Plans--suspension of
33
plans".
34
Amend ments relating to employ ment pathway plans Schedule 2
Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. ,
2008 55
194 Paragraph 737(3)(b)
1
Omit "Activity Agreement", substitute "Employment Pathway Plan".
2
195 Subdivision E of Division 1 of Part 2.15 of Chapter 2
3
Repeal the Subdivision, substitute:
4
Subdivision E--Activities that do not give rise to employment
5
under certain industrial relations legislation
6
745L Activities that do not give rise to employment unde r certain
7
industrial relations legislation
8
A person who is a nominated visa holder is not to be taken to be
9
one of the following merely because the person participates in an
10
approved program of work for income support payment, or
11
undertakes an activity (other than suitable paid work), in
12
accordance with a term (including an optional term) of a Special
13
Benefit Employment Pathway Plan under section 731M:
14
(a) an employee within the meaning of section 9 of the
15
Occupational Health and Safety Act 1991;
16
(b) an employee within the meaning of section 5 of the Safety,
17
Rehabilitation and Compensation Act 1988;
18
(c) an employee for the purposes of the Superannuation
19
Guarantee (Administration) Act 1992;
20
(d) an employee for the purposes of the Workplace Relations Act
21
1996.
22
196 Paragraph 747(d)
23
Omit "the terms of a Special Benefit Activity Agreement to which the
24
person is subject", substitute "a requirement in a Special Benefit
25
Employment Pathway Plan that is in force in relation to the person".
26
197 Subparagraphs 1035A(3)(b)(ii) and (6)(b)(ii)
27
After "and the person", insert ", or an employment pathway plan that is
28
in force in relation to the person,".
29
198 Subparagraph 1046(2)(b)(iv)
30
After "and the person", insert "or an employment pathway plan that is
31
in force in relation to the person".
32
Schedule 2 A mendments relating to emp loyment pathway plans
56 Social Security Legislation Amendment (Employment Services Reform) Bill 2008
No. , 2008
199 Subparagraph 1061ZAAA(1)(b)(ii)
1
Omit "Activity Agreement", substitute "Employment Pathway Plan".
2
Social Security (Administration) Act 1999
3
200 Subparagraphs 140(1)(a)(i) and (ii)
4
Omit "Activity Agreement", substitute "Employment Pathway Plan ".
5
201 Paragraphs 140(1)(aa) and (b)
6
Omit "Activity Agreement", substitute "Employment Pathway Plan ".
7
202 Section 143
8
Omit "Activity Agreement" (wherever occurring), substitute
9
"Employment Pathway Plan".
10
203 Subsection 149(5)
11
Omit "Activity Agreement" (wherever occurring), substitute
12
"Employment Pathway Plan".
13
204 Paragraphs 150(aa), (b), (c) and (ca)
14
Omit "Activity Agreement", substitute "Employment Pathway Plan".
15
Note:
The heading to section 150 is altered by omitting "Activity Agreement" and
16
substituting "Employment Pathway Plan".
17
205 Subsection 151(4)
18
Omit "Activity Agreement" (wherever occurring), substitute
19
"Employment Pathway Plan".
20
206 Subsection 152(6)
21
Omit "Activity Agreement" (wherever occurring), substitute
22
"Employment Pathway Plan".
23
Note:
The heading to section 152 is altered by omitting "Activity Agreement" and
24
substituting "Employment Pathway Plan".
25
207 Subsection 153(1)
26
Omit "Activity Agreement" (wherever occurring), substitute
27
"Employment Pathway Plan".
28
Note:
The heading to section 153 is altered by omitting "Activity Agreement" and
29
substituting "Employment Pathway Plan".
30
Amend ments relating to employ ment pathway plans Schedule 2
Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. ,
2008 57
208 Saving of activity agreements
1
(1)
This item applies to an activity agreement of a kind referred to in
2
column 1 of the table in subitem (2) that was in force immediately
3
before the commencement of this item.
4
(2)
The activity agreement has effect, after the commencement of this item,
5
as if it were an employment pathway plan of the kind referred to in the
6
corresponding table item in column 2 of the table.
7
8
Activity agreements in force immediately before commencement
Item
Column 1
Column 2
1
Parenting Pay ment
Activity Agreement
Parenting Pay ment Employ ment Pathway Plan
2
Youth Allowance
Activity Agreement
Youth Allowance Emp loyment Pathway Plan
3
Newstart Activity
Agreement
Newstart Employ ment Pathway Plan
4
Special Benefit
Activity Agreement
Special Benefit Emp loy ment Pathway Plan
9
Schedule 3 Personal Support Programme and exemptions relating to youth allowance
and newstart allowance
58 Social Security Legislation Amendment (Employment Services Reform) Bill 2008
No. , 2008
1
Schedule 3
--
Personal Support Programme
2
and exemptions relating to youth
3
allowance and newstart allowance
4
5
Social Security Act 1991
6
1 Subsection 23(1) (definition of PSP)
7
Repeal the definition.
8
2 Subsection 541(1A)
9
Repeal the subsection.
10
3 Paragraph 541(2B)(a)
11
Omit "or (1A)".
12
4 Subsection 549A(5)
13
Repeal the subsection, substitute:
14
Exemption--person undertaking specified activity
15
(5) Subsection (1) does not apply to a person who:
16
(a) is undertaking an activity specified in an instrument made
17
under subsection (6); and
18
(b) has been exempted from the application of subsection (1) by
19
the Secretary.
20
(6) The Secretary may, by legislative instrument, specify activities for
21
the purpose of paragraph (5)(a).
22
5 Subsection 553B(2)
23
Repeal the subsection, substitute:
24
Exemption for person undertaking specified activity
25
(2) Subsection (1) does not apply to a person who:
26
(a) is undertaking an activity specified in an instrument made
27
under subsection (2A); and
28
Personal Support Programme and exemptions relating to youth allowance and newstart
allo wance Schedule 3
Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. ,
2008 59
(b) has been exempted from the application of subsection (1) by
1
the Secretary.
2
(2A) The Secretary may, by legislative instrument, specify activities for
3
the purpose of paragraph (2)(a).
4
6 Subsection 553C(4)
5
Repeal the subsection, substitute:
6
Exemption for person undertaking specified activity
7
(4) Subsection (2) does not apply to a person who:
8
(a) is undertaking an activity specified in an instrument made
9
under subsection (5); and
10
(b) has been exempted from the application of subsection (2) by
11
the Secretary.
12
(5) The Secretary may, by legislative instrument, specify activities for
13
the purpose of paragraph (4)(a).
14
7 Subsection 598(8)
15
Repeal the subsection, substitute:
16
(8) Subsection (1) does not apply to a person who:
17
(a) is undertaking an activity specified in an instrument made
18
under subsection (8A); and
19
(b) has been exempted from the application of subsection (1) by
20
the Secretary.
21
(8A) The Secretary may, by legislative instrument, specify activities for
22
the purpose of paragraph (8)(a).
23
8 Paragraph 601(2)(a)
24
Omit ", (4) or (6A)", substitute "or (4)".
25
9 Subsection 601(6A)
26
Repeal the subsection.
27
10 At the end of subsection 620(1)
28
Add:
29
Schedule 3 Personal Support Programme and exemptions relating to youth allowance
and newstart allowance
60 Social Security Legislation Amendment (Employment Services Reform) Bill 2008
No. , 2008
Note:
For in severe financial hardship, see subsection 19C(2) (person who
1
is not a member of a couple) and subsection 19C(3) (person who is a
2
member of a couple).
3
11 Subsection 620(2)
4
Repeal the subsection, substitute:
5
(2) Subsection (1) does not apply to a person who:
6
(a) is undertaking an activity specified in an instrument made
7
under subsection (3); and
8
(b) has been exempted from the application of subsection (1) by
9
the Secretary.
10
(3) The Secretary may, by legislative instrument, specify activities for
11
the purpose of paragraph (2)(a).
12
12 Subsection 633(4)
13
Repeal the subsection, substitute:
14
(4) Subsection (2) does not apply to a person who:
15
(a) is undertaking an activity specified in an instrument made
16
under subsection (5); and
17
(b) has been exempted from the application of subsection (2) by
18
the Secretary.
19
(5) The Secretary may, by legislative instrument, specify activities for
20
the purpose of paragraph (4)(a).
21
13 Subsection 634(2)
22
Repeal the subsection, substitute:
23
(2) Subsection (1) does not apply to a person who:
24
(a) is undertaking an activity specified in an instrument made
25
under subsection (2A); and
26
(b) has been exempted from the application of subsection (1) by
27
the Secretary.
28
(2A) The Secretary may, by legislative instrument, specify activities for
29
the purpose of paragraph (2)(a).
30
31
Other amend ments Schedule 4
Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. ,
2008 61
1
Schedule 4
--
Other amendments
2
3
Social Security Act 1991
4
1 Subsection 23(1) (paragraph (b) of the definition of
5
transitional DSP applicant)
6
Omit "or 64(2)", substitute "or (4)".
7
2 Paragraph 541(1)(b)
8
Omit "person); or", substitute "person).".
9
3 Paragraph 541(1)(c)
10
Repeal the paragraph.
11
4 After subsection 541(1)
12
Insert:
13
Persons who comply with Employment Pathway Plan
14
(1AA) Subject to section 541A and subsection (3) of this section, a person
15
also satisfies the activity test in respect of a period if:
16
(a) throughout the period, the person complies with the terms of
17
a Youth Allowance Employment Pathway Plan that is in
18
force in relation to the person; and
19
(b) either:
20
(i) the person is included in a class of persons specified in
21
an instrument made under subsection (1AB); or
22
(ii) the Secretary determines that the person should be taken
23
to satisfy the activity test in respect of that period.
24
(1AB) The Secretary may, by legislative instrument, specify classes of
25
persons for the purposes of subparagraph (1AA)(b)(i).
26
5 Paragraph 541(2B)(a)
27
After "(1)", insert "or (1AA)".
28
6 Subparagraph 550(1)(a)(i)
29
Omit "or 64(2)", substitute "or (4)".
30
Schedule 4 Other amendments
62 Social Security Legislation Amendment (Employment Services Reform) Bill 2008
No. , 2008
7 Subparagraph 576(1)(a)(i)
1
Omit "or 64(2)", substitute "or (4)".
2
8 Subsection 601(4)
3
Repeal the subsection, substitute:
4
(4) A person also satisfies the activity test in respect of a period if:
5
(a) throughout the period, the person complies with the terms of
6
a Newstart Employment Pathway Plan that is in force in
7
relation to the person; and
8
(b) either:
9
(i) the person is included in a class of persons specified in
10
an instrument made under subsection (4A); or
11
(ii) the Secretary determines that the person should be taken
12
to satisfy the activity test in respect of that period.
13
(4A) The Secretary may, by legislative instrument, specify classes of
14
persons for the purposes of subparagraph (4)(b)(i).
15
9 Subsection 731A(11)
16
Repeal the subsection, substitute:
17
(11) A person to whom this Subdivision applies also satisfies the
18
activity test in respect of a period if:
19
(a) throughout the period, the person complies with the terms of
20
a Special Benefit Employment Pathway Plan that is in force
21
in relation to the person; and
22
(b) either:
23
(i) the person is included in a class of persons specified in
24
an instrument made under subsection (11A); or
25
(ii) the Secretary determines that the person should be taken
26
to satisfy the activity test in respect of that period.
27
(11A) The Secretary may, by legislative instrument, specify classes of
28
persons for the purposes of subparagraph (11)(b)(i).
29
10 Subparagraph 1210(1)(b)(ii)
30
Omit "section 1168", substitute "section 1173".
31
Note:
The heading to section 1210 is altered by omitting "for income tax purposes".
32
Other amend ments Schedule 4
Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. ,
2008 63
Social Security (Administration) Act 1999
1
11 Sections 63 and 64
2
Repeal the sections, substitute:
3
63 Requirement to attend Department etc.
4
Secretary may require person to attend Department etc.
5
(1) Subsection (2) applies to a person if:
6
(a) the person is receiving, or has made a claim for, a social
7
security payment; or
8
(b) the person is the holder of, or has made a claim for, a
9
concession card; or
10
(c) the Department is contacted by or on behalf of the person in
11
relation to a claim for:
12
(i) if the person is not undertaking full-time study and is
13
not a new apprentice--youth allowance; or
14
(ii) in any case--newstart allowance;
15
to be paid to the person.
16
(2) If the Secretary is of the opinion that a person to whom this
17
subsection applies should:
18
(a) attend an office of the Department; or
19
(b) contact the Department; or
20
(c) attend a particular place for a particular purpose; or
21
(d) give information to the Secretary;
22
the Secretary may notify the person that he or she is required,
23
within a specified time, to do that act or thing. However, the
24
Secretary may not, under this subsection, notify a person that he or
25
she is required to do an act or thing referred to in paragraph (4)(a)
26
or (b).
27
Secretary may require person to undergo medical examination etc.
28
(3) Subsection (4) applies to a person if:
29
(a) the person is receiving, or has claimed, any of the following
30
social security payments:
31
(i) disability support pension;
32
(ii) parenting payment;
33
Schedule 4 Other amendments
64 Social Security Legislation Amendment (Employment Services Reform) Bill 2008
No. , 2008
(iii) youth allowance;
1
(iv) newstart allowance;
2
(v) sickness allowance;
3
(vi) special benefit;
4
(vii) mobility allowance; or
5
(b) the Department is contacted by or on behalf of the person in
6
relation to a claim for youth allowance or newstart allowance
7
to be paid to the person.
8
(4) If the Secretary is of the opinion that a person to whom this
9
subsection applies should:
10
(a) complete a questionnaire; or
11
(b) undergo a medical, psychiatric or psychological examination
12
(whether or not at a particular place), and provide to the
13
Secretary the report, in the approved form, of the person who
14
conducts the examination;
15
the Secretary may notify the person that he or she is required,
16
within a specified time, to do that act or thing.
17
Method for giving notice
18
(5) The Secretary may notify a person under subsection (2) or (4):
19
(a) by sending the notice by prepaid post addressed to the person
20
at his or her postal address last known to the Secretary; or
21
(b) in any other way the Secretary considers appropriate.
22
Validity of notice not affected in certain circumstances
23
(6) A failure to specify the particular purpose in a notice given to a
24
person for the purposes of paragraph (2)(c) does not affect the
25
validity of the notice.
26
Consequence of not informing person of effect of failure to comply
27
with requirement in notice
28
(7) If a person is notified under subsection (2) or (4) and the notice
29
does not inform the person of the effect of section 64, subsection
30
64(1) or (5) (as the case requires) does not apply to the person in
31
relation to the requirement in the notice.
32
Note:
However, if:
33
Other amend ments Schedule 4
Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. ,
2008 65
(a)
the person who is notified is receiving, or has made a claim for, a
1
participation payment; and
2
(b)
the notice does not inform the person of the effect of section 64;
3
the person may commit a connection failure in relation to the
4
payment: see section 42E.
5
64 Effect of failing to comply with requirement to attend
6
Department etc.
7
Person receiving, or claiming, social security payment
8
(1) If:
9
(a) a person is receiving, or has made a claim for, a social
10
security payment; and
11
(b) the Secretary notifies the person under subsection 63(2) or
12
(4); and
13
(c) the requirement in the notice is reasonable; and
14
(d) the person does not comply with the requirement; and
15
(e) the Secretary is not satisfied that the person had a reasonable
16
excuse for not complying with the requirement; and
17
(f) the Secretary is satisfied that it is reasonable for this
18
subsection to apply to the person;
19
the payment that the person is receiving or has claimed is not
20
payable.
21
(2) Subsection (1) does not apply if:
22
(a) the person is receiving, or has made a claim for, youth
23
allowance; and
24
(b) the notice included a statement to the effect that a failure to
25
comply with the requirement in the notice could constitute a
26
youth allowance participation failure.
27
Note:
If a recipient of, or claimant for, youth allowance does not comply
28
with a requirement notified under subsection 63(2) or (4), this may
29
result in the payment not being payable to the person: see
30
sections 550B and 551 of the 1991 Act.
31
(3) Subsection (1) does not apply if:
32
(a) the person is receiving, or has made a claim for, an austudy
33
payment; and
34
Schedule 4 Other amendments
66 Social Security Legislation Amendment (Employment Services Reform) Bill 2008
No. , 2008
(b) the notice included a statement to the effect that a failure to
1
comply with the requirement in the notice could constitute an
2
austudy participation failure.
3
Note:
If a recipient of, or claimant for, an austudy payment does not comply
4
with a requirement notified under subsection 63(2), this may result in
5
the payment not being payable to the person: see sections 576A and
6
577 of the 1991 Act.
7
(4) If:
8
(a) a social security payment is not payable to a person because
9
of subsection (1); and
10
(b) the Secretary is satisfied that it is no longer reasonable for
11
that subsection to apply to the person in relation to the
12
requirement in the notice given to the person under
13
subsection 63(2) or (4);
14
the Secretary may determine that, on and after a day specified by
15
the Secretary, subsection (1) ceases to apply to the person in
16
relation to that requirement.
17
Person holding, or claiming, concession card
18
(5) If:
19
(a) a person is the holder of, or has made a claim for, a
20
concession card; and
21
(b) the Secretary notifies the person under subsection 63(2); and
22
(c) the requirement in the notice is reasonable; and
23
(d) the person does not comply with the requirement; and
24
(e) the Secretary is not satisfied that the person had a reasonable
25
excuse for not complying with the requirement; and
26
(f) the Secretary is satisfied that it is reasonable for this
27
subsection to apply to the person;
28
the person ceases to be, or is not, qualified for the concession card.
29
(6) If:
30
(a) a person has ceased to be, or is not, qualified for a concession
31
card because of subsection (5); and
32
(b) the Secretary is satisfied that it is no longer reasonable for
33
that subsection to apply to the person in relation to the
34
requirement in the notice given to the person under
35
subsection 63(2);
36
Other amend ments Schedule 4
Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. ,
2008 67
the Secretary may determine that, on and after a day specified by
1
the Secretary, subsection (5) ceases to apply to the person in
2
relation to that requirement.
3
12 Transitional
4
The amendment made by item 11 of this Schedule does not apply in
5
relation to a notice given to a person under subsection 63(2) or 64(2) of
6
the Social Security (Administration) Act 1999 before the
7
commencement of this item.
8
13 Paragraph 131(5)(b)
9
Repeal the paragraph, substitute:
10
(b) ceases to have effect:
11
(i) if the application for review is withdrawn--on the day
12
the application is withdrawn; or
13
(ii) if a decision (the review decision) is made by the
14
Secretary on the review of the adverse decision--at the
15
end of the period of 13 weeks beginning on the day the
16
review decision is made, or on such earlier day (if any)
17
within that 13 week period as is specified by the
18
Secretary; or
19
(iii) if the declaration is revoked by the Secretary--on the
20
day the declaration is revoked.
21
14 Paragraph 145(4)(b)
22
Repeal the paragraph, substitute:
23
(b) ceases to have effect:
24
(i) if the application for review is withdrawn--on the day
25
the application is withdrawn; or
26
(ii) if a decision (the review decision) is made by the SSAT
27
on the review of the adverse decision--at the end of the
28
period of 13 weeks beginning on the day the review
29
decision is made, or on such earlier day (if any) within
30
that 13 week period as is specified by the Secretary; or
31
(iii) if the declaration is revoked by the Secretary--on the
32
day the declaration is revoked.
33

 


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